Dinei Milchama. Humanism and Environmentalism

(1) When you [an Israelite warrior] take the field against your enemies, and see horses and chariots—forces larger than yours—have no fear of them, for your God יהוה, who brought you from the land of Egypt, is with you. (2) Before you join battle, the priest shall come forward and address the troops. (3) He shall say to them, “Hear, O Israel! You are about to join battle with your enemy. Let not your courage falter. Do not be in fear, or in panic, or in dread of them. (4) For it is your God יהוה who marches with you to do battle for you against your enemy, to bring you victory.” (5) Then the officials shall address the troops, as follows: “Is there anyone who has built a new house but has not dedicated it? Let him go back to his home, lest he die in battle and another dedicate it. (6) Is there anyone who has planted a vineyard but has never harvested it? Let him go back to his home, lest he die in battle and another harvest it. (7) Is there anyone who has paid the bride-price for a wife,*paid the bride-price for a wife Thereby making her his wife legally, even though she has not yet moved into his household. but who has not yet taken her [into his household]? Let him go back to his home, lest he die in battle and another take her [into his household as his wife].” (8) The officials shall go on addressing the troops and say, “Is there anyone afraid and disheartened? Let him go back to his home, lest the courage of his comrades flag like his.” (9) When the officials have finished addressing the troops, army commanders shall assume command of the troops. (10) When you approach a town to attack it, you shall offer it terms of peace.*offer it terms of peace Or “call on it to surrender.” (11) If it responds peaceably and lets you in, all the people present there shall serve you at forced labor. (12) If it does not surrender to you, but would join battle with you, you shall lay siege to it; (13) and when your God יהוה delivers it into your hand, you shall put all its males to the sword. (14) You may, however, take as your booty the women, the children, the livestock, and everything in the town—all its spoil—and enjoy the use of the spoil of your enemy, which your God יהוה gives you. (15) Thus you shall deal with all towns that lie very far from you, towns that do not belong to nations hereabout. (16) In the towns of the latter peoples, however, which your God יהוה is giving you as a heritage, you shall not let a soul remain alive. (17) No, you must proscribe*proscribe See Lev. 27.29. them—the Hittites and the Amorites, the Canaanites and the Perizzites, the Hivites and the Jebusites—as your God יהוה has commanded you, (18) lest they lead you into doing all the abhorrent things that they have done for their gods and you stand guilty before your God יהוה. (19) When in your war against a city you have to besiege it a long time in order to capture it, you must not destroy its trees, wielding the ax against them. You may eat of them, but you must not cut them down. Are trees of the field human to withdraw before you into the besieged city? (20) Only trees that you know do not yield food may be destroyed; you may cut them down for constructing siegeworks against the city that is waging war on you, until it has been reduced.​​​​​​​

כי האדם עץ השדה FOR IS THE TREE OF THE FIELD A MAN [THAT IT SHOULD BE BESIEGED BY THEE]? — כי has here the meaning of “possibly”, “perhaps” (cf. Rashi on Exodus 23:5) — is the tree of the field perhaps a man who is able to withdraw within the besieged city from before you, that it should be chastised by the suffering of famine and thirst like the inhabitants of the city? Why should you destroy it?

BUT THOU SHALT NOT CUT THEM DOWN. This is connected to that it should he besieged of thee. Look, do not destroy a fruit tree, which is a source of sustenance for human life. Be that as it may, you are permitted to eat of it but you are prohibited from destroying it so that the city will be besieged because of you. The fact that Scripture then states thou mayest destroy and cut down, that thou mayest build bulwarks (v. 20), is proof of this.

לא תשחית את עצה לנדוח עליו גרזן, do not destroy its trees merely in order to practice wielding an axe. Destruction must not be wanton; it is justified only if it serves to harm the enemy residing within the city.

כי ממנו תאכל, wanton destruction of such trees is justified only when it is not certain that without such action the war will come to a successful conclusion. The wars of conquest of the Land of Israel, however, the success of which has been guaranteed by G’d, does not fall into this category; it will be won without the need to destroy such trees. Destroying fruit bearing trees in the Land of Israel harms the country.

This prohibition does not apply to trees alone. Rather, anyone who breaks utensils, tears garments, destroys buildings, stops up a spring, or ruins food with a destructive intent transgresses the command 'Do not destroy.' However, he is not lashed. Instead, he receives stripes for rebellious conducts instituted by the Sages.

§ The Sages taught in a baraita: Joshua stipulated ten conditions when he apportioned Eretz Yisrael among the tribes:

The conditions are that people shall have the right to graze their animals in forests, even on private property; and that they shall have the right to gather wood from each other’s fields, to be used as animal fodder; and that they shall have the right to gather wild vegetation for animal fodder in any place except for a field of fenugreek; and that they shall have the right to pluck off a shoot anywhere for propagation and planting, except for olive shoots; and that the people of the city shall have the right to take supplies of water from a spring on private property, even from a spring that emerges for the first time; and that they shall have the right to fish in the Sea of Tiberias, i.e., the Sea of Galilee, provided that the fisherman does not build an underwater fence to catch fish, thereby causing an impediment to boats. The baraita continues the list of Joshua’s ten conditions: And people shall have the right to relieve themselves outdoors behind a fence, even in a field that is full of saffron [karkom]; and they shall have the right to walk in permitted paths, i.e., those paths that cut through a private field, throughout the summer until the second rainfall, when crops begin to sprout; and they shall have the right to veer off to the sides of the roads onto private property because of hard protrusions [yeteidot] of the road; and one who becomes lost among the vineyards shall have the right to cut down branches and enter an area of the vineyard, or cut down branches and exit an area of the vineyard, until he finds his way back to the road; and that a corpse with no one to bury it [met mitzva] acquires its place and is buried where it was found.